How to Sue Your Attorney for Malpractice

To bring a lawsuit against an attorney for malpractice, it is necessary to show that the breach of duty caused financial, legal or other implications for you. It's not enough to show that the negligence of the attorney was a problem and you must prove an unambiguous link between the breach and the resulting outcome.

Strategy-related issues do not constitute legal malpractice, however, the lawyer you hire fails to file a lawsuit on time and you lose the case, this could be a type of malpractice.

Fraud in the use of funds

One of the most common types of legal malpractice involves the misuse by a lawyer of funds. Lawyers are bound by a fiduciary obligation to their clients and must act with trust and fidelity when handling money or other property the client has trusted them with.

If a client is required to pay their retainer the lawyer is obligated by law to place that money into an fund for escrow that is exclusively specifically used for the particular case. If the lawyer makes use of the escrow fund to pursue personal goals or mix it with their own funds it is in violation of their fiduciary obligations and could be charged with legal malpractice.

For example, imagine that a client employs their attorney to represent them in an action against a driver who hit them as they were walking along the street. The client has proof that the driver was negligent and is able to prove that the collision caused their injuries. Their lawyer, however, fails to comply with the law and is unable file the case in time. The lawsuit is dismissed, and the victim is liable for financial loss as a result of the lawyer's mistake.

The statute of limitations limit the time you have to claim a lawyer's negligence. It is often difficult to calculate when an injury or loss was due to the negligence of the lawyer. A New York attorney who is experienced in malpractice law will be able to explain the statute of limitation and assist you in determining whether you have a case that is eligible for an action.

Disobedience to the Rules of Professional Conduct

Legal malpractice is when an attorney fails to follow generally accepted professional standards, and harms the client. It is a requirement of the four elements of the most common torts: an attorney-client relation and a duty, breach and proximate cause.

Some examples of malpractice are the lawyer combining their personal and trust funds, failing to file suit within the statutes of limitations, taking cases where they are not competent, failing to perform an examination of conflicts and not being up-to the latest court proceedings or any other developments in law that could impact the case. Lawyers are also required to communicate with clients in a reasonable manner. This does not only include email and faxing and also includes answering phone calls in a timely manner.

Attorneys can also commit fraud. This can happen in a variety of ways, including lying to the client or anyone involved in a case. It is important to know the facts to determine if the attorney is insincere. A breach of the agreement between the attorney and client occurs when an attorney takes cases outside their expertise without informing the client of this or advising them to seek independent counsel.

Inability to provide advice

When a client employs a lawyer, it means that their legal situation has been beyond their expertise and knowledge. They are unable to resolve it on their own. It is the attorney's responsibility to advise clients on the benefits of a case as well as the risks and costs involved, as well as their rights. If a lawyer fails to do this, they may be guilty of malpractice attorney.

Many legal malpractice claims stem from of poor communication between attorneys and their clients. A lawyer may not answer a phone calls or fail to inform their clients of a certain decision that they have made on their behalf. An attorney could also not communicate important details regarding a particular case, or fail to inform clients of issues with an transaction.

A client may sue an attorney if they've suffered financial losses due to the lawyer's negligence. These losses must be documented. This requires evidence, like client files and emails or other correspondence between an attorney and a client, as well bills. In the event of fraud or theft An expert witness could be required to review the case.

Failure to Follow the Law

Attorneys are bound by the law and comprehend the laws that apply to specific circumstances. If they fail to do so, they could be guilty of malpractice attorney. Examples include mixing funds from clients with their own using settlement proceeds to pay for personal expenses and failing to do basic due diligence.

Another instance of legal malpractice is failure to file a lawsuit within the statute of limitations, failing to meet court filing deadlines and not observing the Rules of Professional Conduct. Attorneys are also obligated to disclose any conflicts of conflicts of interest. They must disclose to clients any personal or financial interest that could influence their judgement when representing them.

Attorneys must also adhere to the instructions of their clients. Attorneys must follow instructions from clients unless it is clear that the decision will not be beneficial.

To win a malpractice lawyer suit the plaintiff has to prove that the lawyer breached their duty of care. It isn't easy to prove that the defendant's actions or actions caused harm. It is not enough to prove that the attorney's error caused a bad result. A malpractice claim must also prove that there was a significant likelihood that the plaintiff's lawsuit could have been won had the defendant had followed the standard procedure.